---

Posted by me on October 20, 2001 at 18:40:57:

In Reply to: Re: legal advice..you shouldda kept your mouth shut. posted by don on October 19, 2001 at 18:14:56:

A landlord can't just break a lease because the tenant wants to exercise his right to sublet.
"Reading the lease" is a useless suggestion, as rent stabilized tenants have rights regardless of what the -- usually boilerplate-- leases say. This tenant had a right to sublease the apartment. The landlord cannot unreasonably refuse a sublease. He or she is in a strong position and has done absolutely nothing wrong by being open and above-board.

: Steve:

: Since you didnt read your lease, you didnt as questions BEFORE you opened your mouth, you probably screwed yourself out of your apartment.

: The Landlord will fight you to sublet the apartment, wanting you to vacate asap..so he can get an IMMEDIATE 20% increase in rent.

: If you had any intention of coming back with the next 2 year forgget about it....

: I am astounded by your lack of understanding that a rent stabilized lease is GOLD, and should be treated as such.

: Now if you NEVER wanted to return to NYC, thats different.

: : I have currently been in my apartment (which is rent stabilized) for over 4 years now. I resigned my lease until 2003 a few months ago but now need to move out by 12/1. I contacted my landlord approximately 2 months prior to my needed move out date. I told him I can either sublet the apt. for the remainder of the lease or if he wants to turn it over completely - fine.

: : I told him I have several people willing to either sublet or take over my apartment. Not surprisingly, he wants to turn over the lease. He is also saying that he doesn't know if he can get new tenants in by 12/1 and will not take my list of potential tenants (he wants to do it on his own and with a broker). When I asked about my security deposit he said it depends if a tenant will move in on 12/1.

: : Here's my question(s):

: : If I have given him almost 2 months notice AND have offered to occupy the apartment on 12/1 (by either sublease or new lease), can he legally refuse to give me my security deposit back at the end of November? He's obviosly trying to NOT give it back.

: : Also, how can I go about getting something in writing from him that will give me security to break the lease and get my security deposit back?

: : Finally, because he is trying NOT to give me my security deposit back, can I legally not pay the November rent and have him apply my security deposit to the last months rent?

: : Please help! Thank you!

Follow Ups:

---

Note: Posting is disabled in all archives
Post a Followup

Name    : 
E-Mail  : 
Subject : 

Comments:
: A landlord can't just break a lease because the tenant wants to exercise his right to sublet.
: "Reading the lease" is a useless suggestion, as rent stabilized tenants have rights regardless of what the -- usually boilerplate-- leases say. This tenant had a right to sublease the apartment. The landlord cannot unreasonably refuse a sublease. He or she is in a strong position and has done absolutely nothing wrong by being open and above-board.

: : Steve:

: :  Since you didnt read  your lease, you didnt as questions BEFORE you opened your mouth, you probably screwed yourself out of your apartment.

: :  The Landlord will fight you to sublet the apartment, wanting you to vacate asap..so he can get an IMMEDIATE 20% increase in rent.

: :   If you had any intention of coming back with the next 2 year forgget about it....  

: :   I am astounded by your lack of understanding that a rent stabilized lease is GOLD, and should be treated as such.

: :   Now if you NEVER wanted to return to NYC, thats different.

: 
: : : I have currently been in my apartment (which is rent stabilized) for over 4 years now.  I resigned my lease until 2003 a few months ago but now need to move out by 12/1.  I contacted my landlord approximately 2 months prior to my needed move out date.  I told him I can either sublet the apt. for the remainder of the lease or if he wants to turn it over completely - fine.

: : : I told him I have several people willing to either sublet or take over my apartment.  Not surprisingly, he wants to turn over the lease.  He is also saying that he doesn't know if he can get new tenants in by 12/1 and will not take my list of potential tenants (he wants to do it on his own and with a broker).  When I asked about my security deposit he said it depends if a tenant will move in on 12/1.

: : : Here's my question(s):

: : : If I have given him almost 2 months notice AND have offered to occupy the apartment on 12/1 (by either sublease or new lease), can he legally refuse to give me my security deposit back at the end of November?  He's obviosly trying to NOT give it back.

: : : Also, how can I go about getting something in writing from him that will give me security to break the lease and get my security deposit back?

: : : Finally, because he is trying NOT to give me my security deposit back, can I legally not pay the November rent and have him apply my security deposit to the last months rent?

: : : Please help!  Thank you! 


Optional Link URL:  
Link Title:         
Optional Image URL: 

---